IN THE COURT OF APPEAL
AT NAIROBI
(Coram: Nyarangi, Platt and Gachuhi JJA)
CRIMINAL APPEAL NO. 6 OF 1986
BETWEEN
MAITANYI...............................................APPELLANT
AND
REPUBLIC..........................................RESPONDENT
(Appeal from the High Court at Nairobi, Mbaya J)
JUDGMENT
The appellant appeals against his conviction of robbery with violence contrary to section 296(2) of the Penal Code (cap 63) and sentence of death. It is once again a case of identification in difficult circumstances by a single witness.
The complainant was attacked at her place of business during the night. She was seriously assaulted by six men, and she will remain maimed. As these men were aiming to cut her head, she tried to shield her head with her left hand, with the result that three finger tips were amputated. She had scars on the head, wrist and hand. As she was being molested one man sat down on the floor next to her, and demanded money with the threat of death, if she did not produce any. S…